The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the court below, which sentenced 2 years of imprisonment and 40 hours of order to complete a sexual assault treatment program against the defendant, is too unreasonable.

Judgment

The defendants recognize the crimes and repent their mistakes.

The Defendant voluntarily surrendered to the investigative agency on the day following the instant crime.

The defendant is the first offender, and the family and branch members of the defendant want to be the wife of the defendant.

These points are favorable to the defendant.

However, even though the victim clearly expressed his intention to refuse, the defendant raped the victim.

The victim has suffered considerable mental suffering up to now, and the appellate court has also filed a strict punishment against the defendant as well as the original trial.

These points are disadvantageous to the defendant.

As above, considering comprehensively taking into account the sentencing conditions stipulated by Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive and means of crime, and consequence, as well as the circumstances favorable to the Defendant, and in addition to the fact that no particular change of circumstances is found in relation to the sentencing conditions after the sentence of the lower judgment, it cannot be deemed that the sentence imposed by the lower court is too unreasonable to the extent that it is deemed that the sentence imposed by the Defendant exceeded the reasonable scope of discretion.

Therefore, Defendant’s assertion of unfair sentencing cannot be accepted.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is groundless. It is so decided as per Disposition.

[The Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; effective June 12, 2019; Article 59-3(1) of the Addenda; Article 2 of the Addenda provides that a person who has committed a sex offense prior to the enforcement of the Act on Welfare of Persons with Disabilities and did not receive a final and conclusive judgment shall be sentenced simultaneously with a judgment on a sex offense case against a welfare facility, but the lower court is legitimate.